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High Court of DelhiW.P.(CRL)/2342/2017

Dr. H L Sharma v. Government Of NCT Of Delhi

2018-07-16Hon'Ble Mr. Justice Najmi Waziri2 pages

$~43 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(CRL) 2342/2017, CRL.M.A. 13252/2017 DR. H L SHARMA ..... Petitioner Through:

Mr. Akshay Chandra and Mr. Hunny Veer Singh, Advocates.

Versus

GOVERNMENT OF NCT OF DELHI ..... Respondent Through:

Ms.

Nandita Rao, ASC (Crl.) GNCTD with Ms. S. Roy, Advocate with SI Munish Kumar, PS-EOW, Delhi.

CORAM:

HON'BLE MR. JUSTICE NAJMI WAZIRI

O R D E R

% 16.07.2018 This petition seeks quashing of FIR No.47/2014 registered at Police Station EOW, New Delhi under sections 420/409/120-B of Indian Penal Code. It is the petitioner's case that despite the case having been registered four years ago, nothing worthwhile progress has been made in the matter except that the petitioner has been regularly queried about various allegations. He submits that the entire case has already been examined by the Uttar Pradesh Police, especially because the land concerned is situated in Noida, therefore, no case is made out for registration of FIR in Delhi. The learned counsel for the State submits that situs of the land in Uttar Pradesh is only one factor; that there are many other issues regarding fraud by the petitioner which was effected in Delhi; the petitioner's banking operations were conducted in Delhi through which suspect amounts were

transferred, therefore, the proceedings would be maintainable in Delhi. According to the petitioner on 26.02.2018, the learned counsel for the State had informed the Court that a Charge-sheet was expected to be filed within two months. Instead, five months have gone by but the Charge-sheet has not been filed.

The learned counsel for the State assures the Court, upon instructions, that all requisite permissions have since been taken and Charge-sheet will positively be filed on or before 14.08.2018.

In view of the above, no further orders are necessary, at this stage. Should the petitioner have any grievance thereafter, it will be open to him to pursue his remedies as may be available in law. The petition is disposed-off in the above terms. Liberty granted. NAJMI WAZIRI, J.

JULY 16, 2018 RW